DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Aust) Pty Ltd
(AG2017/6618)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (WETHERILL PARK WAREHOUSE-STOREMEN) 2017 - 2020

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2018

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 23 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DGL (Aust) Pty Ltd, sought approval of an enterprise agreement concerning the employment of storemen at their Wetherill Park warehouse. The application was made to the Fair Work Commission (FWC), which oversees the approval of enterprise agreements under the Fair Work Act 2009. The opposition to the approval came from the Retail and Wholesale Workers Union of Australia, which argued that the proposed agreement did not adequately protect employee interests.

The primary legal issue before the FWC was whether the enterprise agreement complied with the requirements of section 230 of the Fair Work Act, which mandates that such agreements must be "in the interests of promoting the fair and efficient operation of the workplace." The union contended that the agreement inadequately addressed issues such as minimum wage rates, shift penalties, and annual leave provisions. DGL (Aust) Pty Ltd argued that the agreement was fair and reasonable, reflecting the needs of both employers and employees.

The FWC examined the provisions of the agreement and the submissions of both parties. It noted that the proposed agreement contained provisions for minimum wage rates that aligned with industry standards and provided for shift penalties and annual leave in a manner consistent with similar agreements in the sector. The FWC found that while there were some areas of concern, the overall provisions of the agreement were fair and reasonable and promoted the efficient operation of the workplace. Consequently, the FWC approved the application, determining that the agreement met the statutory requirements.

The FWC approved the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 2017-2020, subject to the terms and conditions outlined in the agreement. This decision ensures that the agreement will govern the employment of storemen at the Wetherill Park warehouse for the specified period.

DGL (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established